Bellway Urban Renewal Southern v Gillespie
Bellway Urban Renewal Southern v Gillespie
- 2003
- Estates Gazette Case Summaries [2003] 14 EG 123 (CS) (1) Journal of Planning and Environment Law [2003] JPL 1287-1309(23) .
[2003] EWCA Civ 400, 27 March 2003. Appeal by B against the judge's decision to quash planning permission granted by the SoS for a residential development on a contaminated former gasworks site. The SoS decided an environmental impact assessment (EIA) was not necessary because proposed remediation measures would prevent significant environmental effects. When respondent G appealed the judge quashed the permission on the basis that an EIA was required before planning permission was granted. B appealed. "Held": appeal dismissed. The SoS had erred in assuming that proposed remediation measures provided a complete solution to the question of whether environmental effects were likely. For High Court decision, "Gillespie v SoS Environment and another" see Abs66546. View judgment at www.courtservice.gov.uk.
ENVIRONMENTAL IMPACT ASSESSMENTS
REMEDIATION TREATMENTS
BELLWAY URBAN RENEWAL SOUTHERN V GILLESPIE
TOWN AND COUNTRY PLANNING (ASSESSMENT OF ENVIRONMENTAL EFFECTS) REGULATIONS 1988
TOWN AND COUNTRY PLANNING ACT 1990
ENVIRONMENTAL EFFECTS
[2003] EWCA Civ 400, 27 March 2003. Appeal by B against the judge's decision to quash planning permission granted by the SoS for a residential development on a contaminated former gasworks site. The SoS decided an environmental impact assessment (EIA) was not necessary because proposed remediation measures would prevent significant environmental effects. When respondent G appealed the judge quashed the permission on the basis that an EIA was required before planning permission was granted. B appealed. "Held": appeal dismissed. The SoS had erred in assuming that proposed remediation measures provided a complete solution to the question of whether environmental effects were likely. For High Court decision, "Gillespie v SoS Environment and another" see Abs66546. View judgment at www.courtservice.gov.uk.
ENVIRONMENTAL IMPACT ASSESSMENTS
REMEDIATION TREATMENTS
BELLWAY URBAN RENEWAL SOUTHERN V GILLESPIE
TOWN AND COUNTRY PLANNING (ASSESSMENT OF ENVIRONMENTAL EFFECTS) REGULATIONS 1988
TOWN AND COUNTRY PLANNING ACT 1990
ENVIRONMENTAL EFFECTS